Offer/Acceptance Flashcards
Harvey v Facey (1893)
Pre Contract Discussion
Claimant asked the claimant what the lowest price they would sell Bumper Pen hall for.
Defendant responded £900
Court held no contract formed.
Defendant had only stated a price they would sell for, but didn’t state they would actually sell it.
Partridge v Crittenden (1968)
Invitation to Treat
Advert for the sale of Brambefinch Hens.
Illegal to sell birds.
Held to be an Invitation to Treat, therefore wasn’t guilty of an offence.
Carlill v Carbolic Smoke Ball Co (1893)
Unilateral Offer
Offer made to whole world
Offer accepted by claimant purchasing the smoke balls and using them.
Fisher v Bell (1961)
Flick Knife on “sale” in shop window
Held to be an Invitation to Treat; illegal to sell knives
Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd (1952)
Invitation to Treat
Sale of poisons
Pharmacist had to be present to sell poisons. held that the poison on a shelf was an Invitation to treat, and the offer was made when the poison was taken to the till where a pharmacist was present.
Chapelton v Barry District Council (1940)
Deck Chairs for hire.
Held to be an offer by the council, which was accepted when the claimant paid the fee and sat on the chair.
Thornton v Shoe Lane Parking (1971)
Mechanised Sale - parking machine
Offer made by the machine, which was accepted by the inserting of payment.
Pre-Contract Discussion
Harvey v Facey (1893)
Invitation to Treat - Birds
Partridge v Crittenden (1968)
Unilateral offer
Carlill v Carbolic Smoke Ball Co (1893)
Invitation to Treat - Flick Knife
Fisher v Bell (1961)
Invitation to Treat - Poison
Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd (1952)
Advert - offer
Chapelton v Barry District Council (1940)
Offer - mechanised sale
Thornton v Shoe Lane Parking (1971)
Objective indications of a contract
Gibson v Manchester City Council (1979)
